Law and Technology
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This activity asks students to examine the COVIDSafe app as a case study in balancing public health tracking with individual rights, highlighting how increased surveillance must remain controlled, transparent and limited to prevent misuse while managing the spread of COVID‑19.
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This activity outlines how media and social media can shape the justice process, showing that they can promote transparency, awareness and accountability, but can also create bias, fuel trial‑by‑media, influence jurors and delay fair outcomes. It provides classroom activities where students assess scenarios involving juror misconduct and analyse how commentary online can affect rule‑of‑law principles such as fairness, impartiality, prompt trials and the presumption of innocence.
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This activity guides students to analyse how media and social media influence the justice process, the Rule of Law and legal compliance. It uses juror‑misconduct scenarios to highlight risks to fairness, impartiality and just outcomes, then extends learning through review questions and a writing task. The document notes issues such as “the impacts on individuals when a jury is dismissed, and a retrial is needed” and how media commentary can affect “public perception of justice.”
COVIDSafe Tracking and the Rights of an Individual
The Australian government has launched the COVIDSafe app to trace and monitor the spread of Covid-19. Everyone in the community is encouraged to sign up, although citizens are being informed that this is voluntary. The health authorities have stated that this app will enable them to track the origin and potential spread of this highly contagious virus across communities.
This new level of surveillance should be scrutinised and assessed by all citizens to ensure a fair balance remains between helping government agencies manage Covid-19 and our individual freedoms and right to privacy.
The rule of law requires agencies to enforce the law using powers that remain controlled, monitored and transparent. These requirements maintain public confidence and ensure those who have the power to track citizens do not abuse this power.
Consider the below questions and decide whether you think the COVIDSafe fairly balances government power with our individual rights.
Questions for Students
1. Outline the reasons why the Government has introduced COVIDSafe and what it hopes to achieve from the app.
2. Identify the information that COVIDSafe stores about mobile phone users who download and use the app?
3. When can the government access the COVIDSafe information stored on your mobile phone?
4. Outline the reasons why the Government has introduced COVIDSafe and what it hopes to achieve.
5. Outline some of the privacy concerns regarding COVIDSafe.
6. When legislation is introduced in May 2020, recommend what constraints need to be included to ensure the information collected by COVIDSafe is not abused by government agencies?
7. Assess whether the COVIDSafe fairly balances government power with our individual rights for privacy.
Resources
https://www.health.gov.au/resources/apps-and-tools/covidsafe-app https://www.health.gov.au/ministers/the-hon-greg-hunt-mp/media/press-conference-about-the-covidsafe-app-launch
https://www.ag.gov.au/RightsAndProtections/HumanRights/Human-rights scrutiny/PublicSectorGuidanceSheets/Pages/Privacyandreputation.aspx https://www.sbs.com.au/news/the-feed/privacy-experts-are-concerned-about-the-government-s-coronavirus-tracing-app-here-s-why https://www.legislation.gov.au/Details/F2020L00480
Related Resources
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This case note outlines the High Court’s decision in Comcare v Banerji, where a public servant challenged her dismissal after anonymously posting critical political comments on Twitter. The Court confirmed that the implied freedom of political communication is not a personal right but a limit on legislative power, and held that the APS Code of Conduct did not impose an unjustified burden on that freedom. The decision highlights how the rule of law balances public sector duties, political communication and constitutional limits on government power.
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This poster forms part of the Informed Playing Card Project, showing how Australian values such as the fair go, freedom and respect for others guide civic behaviour and support a cohesive, democratic society.
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This activity helps students identify Australia’s core civic values—such as equality, respect, freedom and responsibility—and apply them to everyday scenarios. Students discuss how these values guide behaviour, support democratic participation and connect to the rule of law.
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Checks and Balances on Power
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Human Rights
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